A-˜ is tried for the murder of B-˜ bybeating with a club with the intention ofcausing his death. At A-˜s-˜ trial which one of thefollowing is not fact in issue?

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A-˜ is tried for the murder of B-˜ bybeating with a club with the intention ofcausing his death. At A-˜s-˜ trial which one of thefollowing is not fact in issue?